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MOON v. RUSH

No. 2:11-cv-03102-GEB-CKD.

VIRGINIA C. MOON, on her own behalf and on behalf of the Peters Rush Habib & McKenna 401(k) Profit Sharing Plan, Plaintiff, v. DAVID H. RUSH, MARK A. HABIB, and JAMES P. MCKENNA, Defendants. DAVID H. RUSH Counterclaimant, v. VIRGINIA C. MOON, Counterdefendant.

United States District Court, E.D. California.

August 5, 2013.

Attorney(s) appearing for the Case

Virginia C. Moon, Plaintiff, represented by Nina R. Wasow, Lewis, Feinberg, Lee, Renake and Jackson P.C. & Teresa Renaker, Lewis, Feinberg, Lee, Renaker & Jackson, P.C..

David H. Rush, Defendant, represented by R. Bradford Huss, Trucker and Huss.

Mark A. Habib, Defendant, represented by R. Bradford Huss, Trucker and Huss.

James P. McKenna, Defendant, represented by R. Bradford Huss, Trucker and Huss.

David H. Rush, Counter Claimant, represented by R. Bradford Huss, Trucker and Huss.

Virginia C. Moon, Counter Defendant, represented by Nina R. Wasow, Lewis, Feinberg, Lee, Renake and Jackson P.C. & Teresa Renaker, Lewis, Feinberg, Lee, Renaker & Jackson, P.C..

David H. Rush, Counter Claimant, represented by R. Bradford Huss, Trucker and Huss.

Virginia C. Moon, Counter Defendant, represented by Nina R. Wasow, Lewis, Feinberg, Lee, Renake and Jackson P.C. & Teresa Renaker, Lewis, Feinberg, Lee, Renaker & Jackson, P.C..

ORDER DENYING DEFENDANTS' DISMISSAL AND SUMMARY JUDGMENT MOTIONS; GRANTING IN PART AND DENYING IN PART COUNTERDEFENDANT'S DISMISSAL MOTION; AND SCHEDULING STATUS CONFERENCE

GARLAND E. BURRELL, Jr., Senior District Judge.

Defendants move for dismissal of this action under Federal Rule of Civil Procedure ("Rule") 12(h)(3) and move in the alternative for summary judgment under Rule 56. Plaintiff responds to the summary judgment motion by requesting relief under...

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